Hefty Fines Coming for Spring Breakers trying to Profit from Rented Property

SOUTH PADRE ISLAND, Texas - The spring break season is a month away and the City of South Padre Island wants to respond to the needs property owners. 

That is why they held a short-term rental meeting this morning. 

As first reported by News Center 23, property owners were concerned with the growing number of house parties in residential areas. That is why on July 5th the city approved a new ordinance that would fine those in violation up to $500 per offense or per day without compliance. 

This was done to discourage spring breakers from trying to profit from house parties and to reduce the number of irresponsible of property owners. 

You can see the full this ordinance below.

SOURCE – City of South Padre Island Code of Ordinances - http://www.myspi.org/egov/documents/1491407817_57955.pdf 

Sec.ll-220. 
Short Term Rentals 
ARTICLE XII 
(a) The purpose of this Article is to establish regulations for the use of residential single-family dwelling units ("dwelling units" herein) as short-term rentals and to ensure the collection and payment of hotel motel occupancy taxes. (b) For purposes of this Article a Short-Term Rental (STR), is defined as a residential dwelling, including a single-family residence, apartment, residential condominium unit, or other residential real estate improvement, in which the public may obtain sleeping accommodations in exchange for compensation for a period of less than 30 consecutive days. The term applies regardless of whether the dwelling was originally constructed or zoned as a residential dwelling. (c) For purposes of this Article: An Owner shall designate the Owner, or an Agent or a Representative to comply with the requirements of this section on behalf of the Owner. The Owner or designated agent or representative is referred to as "Operator" herein. (d) The Owner shall not be relieved from any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the residential dwelling unit as a short-term rental unit, regardless of whether such noncompliance was committed by the Owner's authorized agent or representative or the occupants of the Owner's short-term rental unit or their guests. (e) This Article is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short term rental purposes as defined in this section. 

Sec.ll-221 Registration 
(a) The Owner/Operator who offers for rent or advertises for rent (in any manner) a short-term rental of a dwelling unit shall obtain a short term rental registration and any other required documents from the Convention Centre Department of the City of South Padre Island located at 7355 Padre Blvd, South Padre Island, Texas, 78597. The Convention Centre Department may be contacted at phone number is 956-761-3000 for additional information. (b) The Owner/Operator must submit the following information on a short term rental registration form: (1) The name, address, email and telephone number of the Owner/Operator of the subject short term rental unit; (2) The name,  address, email  and twenty-four hour telephone number of the local contact person; (3) The local contact person is the person designated by the owner or the operator who shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (1) responding in person within one hour to complaints regarding the condition, operation, or conduct of occupants of the short term rental unit; and (2) taking remedial action to resolve any such complaints. ( 4) The name and address of the proposed short term rental unit; (5) The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short term rental unit; (6) The property ID number as listed on the Cameron County Appraisal District; and (7) Such other information as the City Manager,  or designee, deems reasonably necessary to administer this section. City of South Padre Island Code of Ordinances 11119115 107 (c) If any information on the registration form changes, the Owner/Operator must modify that information within 30 days. (d) Registration Fee (1) The short-term rental registration form shall be accompanied by an initial registration fee as established by the City Council. i. The initial rental registration fee shall be fifty dollars ($50.00) (per rental unit). ii. The initial registration fee .is waived for those properties that have been properly remitting hotel occupancy tax. (2) A registration is valid from the date the completed registration is filed with the City and payment of the registration fee (if applicable) has been made, unless the ownership of the short-term rental changes. (3) Each property shall be issued a registration number. (e) The registration number must appear on any advertisement of the property available for short term rental. 

Sec. 1 1-222 Compliance -Penalty Provision 
(a) The Owner or Operator shall comply with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit, including, but not limited to, Chapter 12, "Noises" and Chapter 17, Article II "Hotel-Motel Occupancy Tax" of the City Code of South Padre Island. Pursuant to Sec. 17-1 0 of the city code, the Owner or Operator shall, submit a monthly report to the City, on the appropriate "Hotel Occupancy Tax Collection Report" form, even if the short-term rental unit was not rented during any such month. (b) Any violation of this Article XII may be punished by a fine not to exceed Five Hundred Dollars ($500.00) for each offense or for each day such offense shall continue, and the penalty provisions of Section 21-1 of the Code of Ordinances is hereby adopted and incorporated for all purposes. City of South Padre Island Code of Ordinances 11/ 19/ 15 108


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